Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 61

Notifications by education providers

    (1)     An education provider must notify the Commission if the provider reasonably believes that a disability student enrolled in a program of study provided by the education provider has an impairment that detrimentally affects the capacity of the disability student to undertake supervised practice in a safe manner and which poses a serious risk to—

        (a)     the life, health, safety or welfare of a person; or

        (b)     the health, safety or welfare of the public; or

Note

See section 62 which provides protection from civil and administrative liability for persons who make a notification under this Act.

    (2)     If an education provider fails to comply with subsection (1), the Board

        (a)     may publish details of the failure on the Commission's Internet site; and

        (b)     may include a statement about the failure in its annual report.

    (3)     If the Commission proposes taking action under subsection (2), the Commission must—

        (a)     give the education provider notice of the proposed action; and

        (b)     invite the education provider to make a submission to the Commission, within 30 days after receipt of the notice.

    (4)     A notice given to an education provider under subsection (3), and any submission made by the education provider in accordance with the notice, may be written or verbal.

    (5)     The Commission must have regard to any submission made by the education provider in accordance with this section in deciding whether to take the proposed action under subsection (2).



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